Clare Bronfman Moves To Sever Trial From Those Charged With Sex Crimes

While she’s OK being tried with someone who, like herself, has been charged with Racketeering, Racketeering Conspiracy, Identity Theft, and Immigration Offenses, she does not want to be tried with anyone who is facing any sex-related charges.

In a new Motion To Sever and the accompanying Memorandum-of-Law, Clare’s attorneys have requested that Clare not have to be tried with Keith Raniere, Allison Mack or Lauren Salzman.

But she’s OK with being tried together with Kathy Russell.

Frank Report readers may remember that Clare filed a similar motion after the first superseding indictment. Judge Garaufis has not yet ruled on that motion.

But with the unveiling last week of the second superseding indictment, Clare’s new lead attorney, Mark Geragos, is pushing even harder to get her tried separately from Keith, Allison, and Lauren.

Although some of Clare’s concerns may be alleviated if, as expected, Allison, Lauren, and Kathy take plea deals rather than go to trial, she would undoubtedly raise all the same objections if the only remaining defendants are her and Keith.

As Geragos points out in the new Memorandum-of-Law, the second superseding indictment “…deepens the divide between the Defendants who are charged with extraordinarily inflammatory offenses and those, like Bronfman, who are (sic) not”.

Geragos pulls no punches in explaining why it would be unfair – and “a miscarriage of justice” – if Judge Garaufis forces Clare to be tried with Raniere.

“The primary difference from the prior indictment is that Raniere is also charged with sexually exploiting a child and possessing child pornography, potentially exposing him to a mandatory minimum sentence of thirty years’ imprisonment…These charges relate to Raniere’s alleged sexual relationship with a fifteen-year-old girl when he was in his late forties.

“Inevitably, the government will present the alleged child pornography to the jury. And inevitably, the government will seek to introduce the purported evidence it has described at length concerning Raniere’s alleged history of ‘sexual assault and other abuse of girls and women’, including a twelve-year-old with whom he allegedly had ‘regular sexual intercourse’ under the guise of tutoring her”.

Geragos then cites a series of cases in which the potential introduction of evidence of child pornography led the court to sever those charges from the other pending charges.

And he points out that several media outlets have mistakenly reported that Clare is also facing sex-related charges:

“[A]rticle after article focuses on the new alleged child pornography charges and link[s] Ms. Bronfman to sex crimes that she is not alleged to have anything to do with. For instance, one article inaccurately reports: ‘Several women, including former Smallville star Allison Mack and Seagram liquor heir Clare Bronfman, allegedly helped run the operation and are awaiting trial on sex trafficking charges’. See https://www.buzzfeednews.com/article/briannasacks/nxivm-groupfounder-child-porn-charges.”

Although we have not yet seen the prosecution’s response to this latest motion – it’s due to be filed later today – it appears that Geragos has raised some very significant issues.

And from Judge Garaufis’ standpoint, why take the risk of having the results of a trial overturned because he mandated that Clare stand trial with a man who has, in fact, been charged with some truly heinous crimes?

So, does that mean that Clare will get a separate trial from Keith?

Maybe not…

As previously noted, Judge Garaufis could grant Keith’s pending motion to sever the charges involving sexual exploitation of a child and possession of child pornography from the current case – and have those charges tried in the Northern District of New York (NDNY).

Doing that would address most of the objections that Geragos has raised in his latest filings – and would allow the trial to start, as presently scheduled, on April 29th or shortly thereafter (The only unresolved objection would be that Keith would still be facing one count for sex trafficking).

Assuming the plea deals for Allison, Lauren and Kathy get done – and assuming that Judge Garaufis severs the child sexual exploitation and child pornography charges from the current case – then the trial of Keith and Clare would likely run only 4-6 weeks.

That would allow him to push the pending trial back a couple of weeks – and still not force the jury to be hearing a case throughout the summer months.

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One other side-benefit of severing the child sexual exploitation and child pornography charges is that it would give the Northern District of New York a chance to make up for its 20-years of negligence with respect to Raniere and NXIVM/ESP.

And once a grand jury in Albany starts hearing evidence about the child sexual exploitation and child pornography charges, it’s also possible that the NDNY might put on its “big boy pants” and seek indictments against some of the other people in that area who participated in – and/or who aided and abetted – the NXIVM/ESP criminal enterprise.

If charges based on indictments already handed down are transferred to another district, then the case goes forward in that district, regardless.

The question is how vigorously it’s prosecuted in that district, which there is some reason to doubt in this case. Hopefully, the judge, and maybe even the prosecutors, are savvy enough to be justly concerned about that,

The other option would be to declare that Raniere couldn’t get a fair trial in Albany – an objection the defense typically ought to make, though in reality the prosecution should object that he might get judicial treatment unfairly biased in his favor – and move the case to a completely different district, preferably one known for taking sex crimes cases seriously.

You are absolutely correct that the two counts involving the alleged sexual exploitation of a child – and the one count involving the alleged possession of child pornography – could be prosecuted in the Northern District of New York (NDNY) if those charges are simply transferred there.

What makes this matter a bit more complicated is the language contained in the motion that was filed earlier this week by Raniere’s lead attorney, Marc Agnifilo. In addition to asking that the three sex-related charges be severed from the pending case in the Eastern District of New York (EDNY) and transferred to the NDNY, Agnifilo also asked that those charges be dismissed.

I don’t know if Agnifilo was being sloppy or sly in the way that he worded that motion. But depending on how Judge Garaufis rules, it’s possible that the NDNY would have to start over with grand jury proceedings in order to prosecute Raniere on the sex-related charges.

I am very well aware that the NDNY did absolutely nothing to stop the NXIVM/ESP criminal enterprise for almost 20 years. But I am hopeful that the current U.S. Attorney for the NDNY – who only assumed that position less than 2-years ago – might be more willing to take on Raniere and those who enabled him to carry out his criminal activities.

Good article. It sounds like someone (Geragos) is finally doing their job. Shocker of shockers.

But on the other hand, if Clare was part of the inner circle, and Clare (along with hiding out in France Sara Bronfman) help to fund NXIVM/ESP activities (trips, private jets, real estate, commodities trading, etc). Then Clare must have known that Keith was molesting Rhiannon and the minor DP from Mexico. Duh!

So, it seems like Clare is trying to use the Kristin Kreuk defense — Didn’t see anything, didn’t know anything.

“I had minimal contact with those who were still involved. The accusations that I was in the ‘inner circle’ or recruited women as ‘sex slaves’ are blatantly false. During my time I never experienced any illegal or nefarious activity. I am horrified and disgusted by what has come out about DOS.” – KK on NXIVM

“I am horrified and disgusted by what has come out about DOS.” – KK on NXIVM

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Sure, real disgusted and horrified. She wasn’t when she found out the old scumbag was a pedophile and rapist years ago, even being named in the expose that exposed him as such! No supporting Gina Hutchinson and Rhiannon. And the fact she said “DOS” and not “NXIVM”. That is because the little coward knew years ago NXIVM was corrupt and vile. That is why she did not reveal her true role in the cult. DOS was just two years of NXIVM, the real bullshit was happening years before. She probably thinks people should believe Ally Wack knew nothing bad before DOS was formed in 2015 too!

What the fuck is wrong with mindless drones like you? KK knew he was a rapist as much as you did back then. Which is none. He never invited her to the inner circle and she wasn’t open to it. It’s why she left. Hell she probably didn’t know about Mack’s creepy relationship as much as what has come out now years later. I assume you know every rapist and creep you meet or barely see. If you don’t believe the victim of DOS who was branded say KK knew nothing and left before shit turned crazy YOU need serious psychological help to face reality, anon!!

Idiots like you keep on believing the drivel of poop Frank peddles out of greed and delusion$$$ for his own benefit.

Anonymous creeps like you a should learn to read and not follow mindless zombies who spread rumors without facts to blame victims and people not involved.

Except Kristin is telling the truth, hell she was not even interviewed or asked about what she saw or knows. She knew nothing and wasn’t even part of the main group. Clare has correspondence with Mack/K.R. DOS wasn’t even created back then. People kept KR and his money train in check… like every normal person who was duped on a scam she read the article on Keith creeping on girls and left and probably tried to get Mack out who was happy where she was!

Just because Clare funded doesn’t prove evidence of charging her with KR’s underage crimes. Now if they have texts, emails of it then it would pin her down. Duh. With no reasonable doubt.
Geragos is a skeeze but he is a good lawyer. I expect a guilty but I’m sure he will do a good job defending him.

That would be wonderful but IDK if any of the pussies in the NDNY judicial system own any big boy pants.

Even with the misogynist bullies like Bruno and Schneiderman out, there’s Kristin Gillibrand and others — loathe to admit they.ve ever erred — whose political ambitions may yet stymy rather than help fully secure justice in this matter in NYND or under State law in Albany.